Who Is Responsible For Fence Repairs Between Neighbors In Lynnwood Washington

Posted on November 23, 2022 past Julie Pendleton

With everyone spending much more than time at dwelling due to the COVID-19 pandemic y'all might be reevaluating your relationship with your neighbors. What in one case seemed like a mere annoyance could now be interfering with your enjoyment and use of your property. What are your rights in some of the more than mutual neighbor disputes and what should yous do to protect these rights?

Boundary Fences and Purlieus Lines

If you lot erect a fence along the purlieus between you and your neighbors' property, you are allowed to seek reimbursement from your neighbour for half the toll. Similarly, you lot and your neighbour are required to equally split up the costs and effort of maintaining this argue. However, prior to building this fence you must give your neighbor discover.

If you do non want to accept to share the fence with your neighbour, you can build the debate within your side of the boundary line. Nevertheless, it bears noting that the common police principles of purlieus acquisition and adverse possession could come into play in the future if you choose this route. Boundary by amenability means that when two parties jointly treat the boundary betwixt their two adjoining properties for a long menstruation of time in a way that differs from the official boundary (such every bit what is recorded in the official Canton records), then yous and your neighbors behavior can actually change the bodily boundary line later on plenty time passes. Still, purlieus by acquiescence can exist prevented past an agreement between you and your neighbor. So, if you want to build a new fence within the true boundary line to avoid having to piece of work together to maintain the debate, get an agreement from your neighbor, preferably in writing, that this fence is not the purlieus line.

Relatedly, the concept of adverse possession arises when an individual has had possession, without existence on the titled, of a piece of belongings for a long time (ten years in Washington). In this state of affairs, that person could peradventure be entitled to ownership of the land. To prevent adverse possession, you should survey your property to discern the true purlieus, and brand sure that you are regularly using and taking intendance of your own state. If your neighbor starts using some of your country and you do non claiming them, and then your neighbor could eventually become entitled to ownership of that land.

Similarly, if you congenital a fence years ago and you lot and your neighbor have been treating it as the boundary line ever since, you lot could be entitled to redraw the boundary lines accordingly. If you lot are interested in claiming ownership to land you have been treating equally your own for years along your boundary yous should contact a lawyer to walk you through the procedure.

Spite Construction

If your neighbour builds a "spite fence" (a debate or structure built with the purpose of annoying, injuring or spiting a neighbor) on your land, yous may have rights nether Washington constabulary. RCW vii.40.030. The Court has found that a unmarried tree that was planted with spiteful intent could be considered a spite fence nether this statute.

If your neighbor threatens to file a spite argue/structure you tin can ask the court to prevent them from building information technology. If you're besides late and the fence or structure is already congenital, yous can get the Court to guild your neighbour to remove it.

Nuisance

Nuisance under Washington law includes acts that "annoy, hurt, or endanger the comfort, repose, health or safety of others that renders other persons insecure in life or in the use of belongings". An action constitutes a nuisance when information technology interferences unreasonably with a neighbor's employ and enjoyment of his or her property. What constitutes a nuisance is a fact-specific inquiry and the Court will remainder whether the political party accused of creating a nuisance is using their belongings reasonably with the rights, interests, and convenience unique to each case. Nonetheless, a thing that is unsightly or offends the sense of a neighbour does not ordinarily brand it a nuisance.

If you believe that your neighbour is unreasonably affecting your use and enjoyment of your property, it is worth information technology to endeavour to attempt to resolve the issue prior to involving a court of law. You lot can contact a lawyer to help you navigate the particulars of the case and help you draft correspondence to your neighbor to put them on discover of your potential claims against them.

Tree Trimming

If a neighbor'south copse limbs extend over the property line into your yard, yous can cutting the branches to the point they extend over the property line, just you cannot cut down the whole tree. If yous cut down your neighbor'south tree yous will exist liable for timber trespass. Timber trespass occurs when a person "cuts downward, girdles, injures, or carries off" whatsoever tree on the property of another. This includes shrubs. If you are maintaining trees or shrubs close the edge of the belongings line, you lot should exist careful to only remove those trees or shrubs that you are certain are on your holding and/or just cut the limbs that extend over your property line. Further, if by trimming the limbs, you kill the tree or shrub y'all could be liable under the timber trespass statute.

The timber trespass statute is trap for the unwary, every bit information technology provides for treble damages and chaser's fees. In other words, if you improperly cutting down your neighbor's tree, you would be liable for 300% of the tree or shrub's worth, plus the attorney'south fees your neighbor incurs in securing payment. Needless to say, it can be an expensive error. This is another reason to be on the same page almost boundary lines with your neighbour.

Conclusion

Conflicts or disputes involving copse, boundary lines, and neighbors require a frail bear on. These cases are often fact-specific and benefit from an chaser's early involvement. Litigation can often exist prevented with strategic pre-suit negotiations. If you are concerned about your rights bellboy to the copse/shrubs along your purlieus line, the boundary line itself, or fences on that boundary line, the attorneys at Lasher are here and willing to assistance.